Notice2021-21042
Certain Corrosion-Resistant Steel Products From Italy: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 28, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain corrosion-resistant steel products (corrosion-resistant steel) from Italy would be likely to lead to continuation or recurrence of countervailing subsidies at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 185 (Tuesday, September 28, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Notices]
[Pages 53637-53639]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21042]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-475-833]
Certain Corrosion-Resistant Steel Products From Italy: Final
Results of the Expedited First Sunset Review of the Countervailing Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that revocation of
the countervailing duty (CVD) order on certain corrosion-resistant
steel products (corrosion-resistant steel) from Italy would be likely
to lead to continuation or recurrence of countervailing subsidies at
the levels indicated in the ``Final Results of Sunset Review'' section
of this notice.
DATES: Applicable September 28, 2021.
FOR FURTHER INFORMATION CONTACT: Robert Scully, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0572.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce published in the Federal Register the
CVD order on corrosion-resistant steel from Italy.\1\ On June 1, 2021,
Commerce published the notice of initiation of the first sunset review
of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ On June 14 and 16, 2021, Commerce received timely
filed notices of intent to participate from Cleveland-Cliffs, Inc.,
Nucor Corporation, Steel Dynamics Inc., California Steel Industries,
and U.S. Steel Corporation (collectively, the domestic interested
parties), within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\
The domestic interested parties claimed interested party status under
section 771(9)(C) of the Act as producers of the domestic like product
in the United States.
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from India,
Italy, Republic of Korea and the People's Republic of China:
Countervailing Duty Order, 81 FR 48387 (July 25, 2016) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 29239
(June 1, 2021) (Initiation Notice).
\3\ See Domestic Interested Parties' Letter, ``Five Year
(`Sunset') Review of the Countervailing Duty Order on Corrosion-
Resistant Steel Products from Italy: Notice of Intent to Participate
in Sunset Review,'' dated June 14, 2021; see also Domestic
Interested Parties' Letter, ``Five Year (`Sunset') Review of the
Countervailing Duty Order on Corrosion-Resistant Steel Products from
Italy: Notice of Intent to Participate,'' dated June 16, 2021;
Domestic Interested Parties' Letter, ``Notice of Intent to
Participate in the First Five-Year Review of the Countervailing Duty
Order on Corrosion-Resistant Steel Products from Italy,'' dated June
16, 2021; and Domestic Interested Parties' Letter, ``Certain
Corrosion-Resistant Steel Products from Italy: Notice of Intent to
Participate in Sunset Review,'' dated June 16, 2021.
---------------------------------------------------------------------------
On July 1, 2021, Commerce received an adequate substantive response
from the domestic interested parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).\4\ We received no substantive
responses from any other interested party, including the Government of
Italy, nor was a hearing requested. On July 22, 2021, Commerce notified
the U.S. International Trade Commission that it did not receive an
adequate substantive response from respondent interested parties.\5\ As
a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(B)-(C), Commerce conducted an expedited (120-day)
sunset review of the Order.
---------------------------------------------------------------------------
\4\ See Domestic Interested Parties' Letter, ``Domestic Industry
Substantive Response,'' dated July 1, 2021.
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1,
2021,'' dated July 22, 2021.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are certain corrosion-resistant
steel products. For a complete description of the scope of the Order,
see Appendix I.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
accompanying Issues and Decision Memorandum,\6\ which is hereby adopted
by this notice. The issues discussed in the Issues and Decision
Memorandum are listed in Appendix II. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed
[[Page 53638]]
directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Review of the
Countervailing Duty Order on Certain Corrosion-Resistant Steel
Products from Italy,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would likely lead to
continuation or recurrence of countervailable subsidies at the rates
listed below.
---------------------------------------------------------------------------
\7\ Because the net subsidy rate was de minimis for Acciaieria
Arvedi S.p.A., Finarvedi S.p.A., Arvedi Tubi Acciaio S.p.A., Euro-
Trade S.p.A., and Siderurgica Triestina Srl., merchandise both
produced and exported by Acciaieria Arvedi S.p.A., Finarvedi S.p.A.,
Arvedi Tubi Acciaio S.p.A., Euro-Trade S.p.A., and Siderurgica
Triestina Srl. is excluded from the Order.
\8\ Because the net subsidy rate was de minimis for Marcegaglia
S.p.A. and Marfin S.p.A., merchandise both produced and exported by
Marcegaglia S.p.A. and Marfin S.p.A. is excluded from the Order.
------------------------------------------------------------------------
Net
subsidy
Exporter/producer rate
(percent)
------------------------------------------------------------------------
Acciaieria Arvedi S.p.A., Finarvedi S.p.A., Arvedi Tubi 0.48
Acciaio S.p.A., Euro-Trade S.p.A., and Siderurgica
Triestina Srl., (collectively, the Arvedi Group) \7\.......
Marcegaglia S.p.A. and Marfin S.p.A., (collectively, the 0.07
Marcegaglia Group) \8\.....................................
Ilva S.p.A.................................................. 38.51
All Others.................................................. 13.02
------------------------------------------------------------------------
Administrative Protective Order (APO)
This notice serves as the only reminder to interested parties
subject to an APO of their responsibility concerning the return or
destruction of proprietary information disclosed under APO in
accordance with 19 CFR 351.305. Timely notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: September 22, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
The products covered by this order are certain flat-rolled steel
products, either clad, plated, or coated with corrosion-resistant
metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-
based alloys, whether or not corrugated or painted, varnished,
laminated, or coated with plastics or other non-metallic substances
in addition to the metallic coating. The products covered include
coils that have a width of 12.7 mm or greater, regardless of form of
coil (e.g., in successively superimposed layers, spirally
oscillating, etc.). The products covered also include products not
in coils (e.g., in straight lengths) of a thickness less than 4.75
mm and a width that is 12.7 mm or greater and that measures at least
10 times the thickness. The products covered also include products
not in coils (e.g., in straight lengths) of a thickness of 4.75 mm
or more and a width exceeding 150 mm and measuring at least twice
the thickness. The products described above may be rectangular,
square, circular, or other shape and include products of either
rectangular or non-rectangular cross-section where such cross-
section is achieved subsequent to the rolling process, i.e.,
products which have been ``worked after rolling'' (e.g., products
which have been beveled or rounded at the edges). For purposes of
the width and thickness requirements referenced above:
(1) Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above, and
(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of this order are products
in which: (1) Iron predominates, by weight, over each of the other
contained elements; (2) the carbon content is 2 percent or less, by
weight; and (3) none of the elements listed below exceeds the
quantity, by weight, respectively indicated:
<bullet> 2.50 percent of manganese, or
<bullet> 3.30 percent of silicon, or
<bullet> 1.50 percent of copper, or
<bullet> 1.50 percent of aluminum, or
<bullet> 1.25 percent of chromium, or
<bullet> 0.30 percent of cobalt, or
<bullet> 0.40 percent of lead, or
<bullet> 2.00 percent of nickel, or
<bullet> 0.30 percent of tungsten (also called wolfram), or
<bullet> 0.80 percent of molybdenum, or
<bullet> 0.10 percent of niobium (also called columbium), or
<bullet> 0.30 percent of vanadium, or
<bullet> 0.30 percent of zirconium
Unless specifically excluded, products are included in this
scope regardless of levels of boron and titanium.
For example, specifically included in this scope are vacuum
degassed, fully stabilized (commonly referred to as interstitial-
free (IF)) steels and high strength low alloy (HSLA) steels. IF
steels are recognized as low carbon steels with micro-alloying
levels of elements such as titanium and/or niobium added to
stabilize carbon and nitrogen elements. HSLA steels are recognized
as steels with micro-alloying levels of elements such as chromium,
copper, niobium, titanium, vanadium, and molybdenum.
Furthermore, this scope also includes Advanced High Strength
Steels (AHSS) and Ultra High Strength Steels (UHSS), both of which
are considered high tensile strength and high elongation steels.
Subject merchandise also includes corrosion-resistant steel that
has been further processed in a third country, including but not
limited to annealing, tempering painting, varnishing, trimming,
cutting, punching and/or slitting or any other processing that would
not otherwise remove the merchandise from the scope of the Order if
performed in the country of manufacture of the in-scope corrosion
resistant steel.
All products that meet the written physical description, and in
which the chemistry quantities do not exceed any one of the noted
element levels listed above, are within the scope of this order
unless specifically excluded. The following products are outside of
and/or specifically excluded from the scope of this order:
<bullet> Flat-rolled steel products either plated or coated with
tin, lead, chromium, chromium oxides, both tin and lead (``terne
plate''), or both chromium and chromium oxides (``tin free steel''),
whether or not painted, varnished or coated with plastics or other
non-metallic substances in addition to the metallic coating;
<bullet> Clad products in straight lengths of 4.7625 mm or more
in composite thickness and of a width which exceeds 150 mm and
measures at least twice the thickness; and
<bullet> Certain clad stainless flat-rolled products, which are
three-layered corrosion-resistant flat-rolled steel products less
than 4.75 mm in composite thickness that consist of a flat-rolled
steel product clad on both sides with stainless steel in a 20%-60%-
20% ratio.
The products subject to the Order are currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
item numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000,
7210.49.0030, 7210.49.0091, 7210.49.0095, 7210.61.0000,
7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090,
7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030,
7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000,
7212.40.5000, 7212.50.0000, 7212.60.0000, 7210.49.0040, and
7210.49.0045.
The products subject to the Order may also enter under the
following HTSUS item numbers: 7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530,
7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.91.0000, 7225.92.0000, 7225.99.0090,
7226.99.0110, 7226.99.0130, 7226.99.0180, 7228.60.6000,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
Order is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
[[Page 53639]]
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Rate Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation
[FR Doc. 2021-21042 Filed 9-27-21; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on September 28, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.